Short-term tenancies: 3 instead of 6 months?

by Readers Question

16:26 PM, 16th August 2018
About a month ago

Short-term tenancies: 3 instead of 6 months?

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Short-term tenancies: 3 instead of 6 months?

I’m in the process of selling one of my properties however have recently found an overseas tenant who is ready to move in soon, checked out her employment history, etc.

My question is: are there legally recognized tenancies shorter than a standard 6 months AST? I ask this because there’s a mutual benefit for both myself and the tenant in this.

She’s not sure of her movements in the next few months as she often has to re-locate and move around, therefore she asked about a 3 month term. I would also like the flexibility of the tenant moving out within a shorter period in case a sale goes through.

Any experience/advice on taking out 3 month tenancies?

Many thanks

Genghis



Comments

Neil Patterson

16:29 PM, 16th August 2018
About a month ago

Hi Genghis,

It is worth checking out our article "Help! I can’t find a suitable short let tenancy agreement"

See >> https://www.property118.com/help-cant-find-suitable-short-let-tenancy-agreement/

Tessa Shepperson

9:04 AM, 17th August 2018
About a month ago

The requirement for an assured shorthold tenancy to be for a minimum period of six months was done away with in the Landlord & Tenant Act 1996 and since February 1997 landlords have been able to grant ASTs for any period of time they want - a month for example.
The problem comes if the tenant refuses to move out as the landlord cannot even serve a section 21 notice until after the first 4 months.
So effectively a short let is only enforceable by the tenant.
Note also that a landlord and tenant between them can agree to end a tenancy any time they like.

THALIA K

9:58 AM, 17th August 2018
About a month ago

You must also check if your freeholder allows shorter tenancies! ( Unless you are the one!) Some will not accept terms for less than a year as they do not want people moving in and out of properties, particularly from flats in prestigious blocks.

Seething Landlord

13:30 PM, 17th August 2018
About a month ago

It's apparent from the current consultation on longer tenancies that MCHLG do not understand the position - they categorically state at para 12 that 6 months is the minimum term for an AST. No doubt they will apologise to all of us who pointed out this mistake in our response (some hopes!). If the 3 year minimum with a break at 6 months clause is introduced the flexibility needed to meet this situation will no longer be available.

Michael Barnes

17:39 PM, 21st August 2018
About a month ago

Reply to the comment left by Seething Landlord at 17/08/2018 - 13:30
If the 3 year minimum with a break at 6 months clause is introduced the flexibility needed to meet this situation will no longer be available.

Not true (probably).
You will still be able to end tenancy at any point by mutual agreement.

Seething Landlord

18:49 PM, 21st August 2018
About a month ago

Reply to the comment left by Michael Barnes at 21/08/2018 - 17:39
yes but the tenant will not be able to end the tenancy after 3 months without the consent of the landlord who will be in a position to demand that rent continues to be paid for the full 6 months. That is the point that I was making. It is to the detriment of the tenant, not the landlord.

Michael Barnes

10:50 AM, 23rd August 2018
About 4 weeks ago

Reply to the comment left by Seething Landlord at 21/08/2018 - 18:49
Have you explained that in your response to the consultation?

Seething Landlord

11:15 AM, 23rd August 2018
About 4 weeks ago

Reply to the comment left by Michael Barnes at 23/08/2018 - 10:50
Yes!

Michael Barnes

11:33 AM, 23rd August 2018
About 4 weeks ago

Reply to the comment left by Seething Landlord at 23/08/2018 - 11:15
Good.
I have just submitted an update to my response that includes the need for short-term agreements.


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